Whitehead v. State

TAYLOR, Judge.

The appellant, James Truman Whitehead, appeals from the summary denial of his petition for post-conviction relief under Rule 32, A.R.Crim.P. The appellant alleged in his petition that newly discovered evidence existed, warranting a new trial. Specifically, the appellant maintains that during his trial one of the state’s witnesses perjured himself on the stand. The record contains an affidavit by one of the state’s witnesses in which the witness states that the testimony he gave at the appellant’s trial was false.

The trial court denied his petition without an evidentiary hearing.…